Maharashtra to re-examine claims rejected under forest rights Act

Alok Deshpande, The Hindu 

Responding to the agitations by the CPI(M) and the All India Kisan Sabha (AIKS), the Maharashtra government has agreed to re-examine around two-lakh rejected claims of land rights made under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

The re-evaluation will be first carried out in Thane and Nashik districts, which have the highest number of claims.

The decision was taken at a meeting held on April 17 in the office of Chief Minister Prithviraj Chavan.

According to government figures, till February 2013, 3,44,148 claims were received. Of these, 1,43,577 claims have been approved, while 1,97,600 requests have been rejected and 2,971 are still pending.

According to the minutes of the meeting available with The Hindu, Mr. Chavan has asked the organisations spearheading the agitation to prepare a list of applicants denied of land rights despite their having submitted two proofs mentioned under the Act.

“The list should be submitted to the District Collectors of Thane and Nashik, along with the copies of proofs. The Collectors should revaluate all these cases and take decision as per the rules,” directed Mr. Chavan. Which means, the government will now re-evaluate 1,97,600 rejected claims.

The Act grants legal recognition to the rights of traditional forest dwelling communities. Those who are cultivating the land prior to December 13, 2005 but do not have documents can claim the land. The upper limit of the claim has been set as four hectares.

Interestingly, of the total rejected claims, only 50,466 have been dismissed at the gram sabha level, while 1,76,456 have been rejected at the sub-divisional committee level.

“This is where the problem lies. The gram sabhas’ decision becomes meaningless when the Act has clearly given them the authority of receiving claims, consolidating and verifying them. The upper committees are clearly violating the gram sabhas’ rights,” said Ashok Dhawale, secretary, Maharashtra CPI(M) State Committee. Last month, the party launched an agitation in Thane and Nashik districts by blocking the highways, demanding re-evaluation.

Dr. Dhawale said: “The claims are getting rejected because the government officer, instead of going on a field survey, sits in the office and decides. The claims are being transferred to the Forest department for approval, which is not permitted as per the Act.”

Despite the Act clearly stating that there should be no direct involvement of the Forest department in granting or rejecting the claims, a letter from the Chief Forest Conservator, dated July 18, 2008, was used to supervise the entire procedure of claims. The letter now stands cancelled after the meeting at the CMO.

Taking a note of allegations, the government has made it clear that apart from the gram sabha, the sub-divisional committee and the district-level committee no other committee should interfere in the matter.

Related articles

• Villagers’ bid to decide Vedanta project fate puts Niyamgiri hills on radar (kractivist.wordpress.com)
• Kalu : The Dam-ning Of A River And Its People (kractivist.wordpress.com)
• Violation of law in land allotted to tribal people, claims study on Forest Rights Act (kractivist.wordpress.com)
• March in Protest Against State-sponsored Censorship on Art and Activism (kabirkalamanch.wordpress.com)
• Letter to President of India- Protect Rights of Indigenous People or Shoot all of them (kractivist.wordpress.com)